Diddy Appeals Sentence, Demands Immediate Release from Prison

Sean “Diddy” Combs is fighting his federal conviction and prison sentence. His legal team has formally filed an in-depth appeal. The filing demands his immediate release from custody.

The appeal argues the judge improperly used allegations the jury rejected. This comes two months after Combs first signaled his intent to challenge the outcome.

Legal Battle Centered on “Acquitted Conduct”

Combs’s attorneys filed the appeal in a New York federal court. They claim Judge Arun Subramanian acted as a “thirteenth juror.” The judge reportedly based the sentence on conduct Combs was acquitted of.

In July, a jury found Combs guilty on two prostitution transportation charges. However, they acquitted him on the major counts of sex trafficking and racketeering conspiracy. According to the appeal, the 50-month sentence unfairly punishes him for the acquitted conduct.

Appellate attorney Alexandra A.E. Shapiro authored the brief. She states the court imposed a “record-setting sentence” by relying on rejected allegations. The defense calls this a conflict with 2024 Sentencing Guidelines.

Originally, prosecutors sought a sentence between 70 and 87 months. Combs’s team asked for no more than 14 months. The final 50-month term was a middle ground, but the appeal calls it unlawful.

First Amendment Defense and Broader Implications

The filing presents a second argument for overturning the convictions. It claims Combs’s First Amendment rights were violated. His lawyers say he was an “observer and producer” of sexual performances, not a participant.

They argue consuming such content is protected speech. The judge previously disagreed, stating illegal activity cannot become protected “just by the desire to watch it.” The appeal brief quotes this and adds, “whatever that means.”

This case is being closely watched by legal experts. The core argument about sentencing based on acquitted conduct could have wider ramifications. It challenges how judges interpret jury verdicts during sentencing phases.

Combs is currently housed at FCI Fort Dix in New Jersey. His projected release date is May 2028. The appellate court’s decision will determine if he serves the full term or is released early.

The appeal now rests with the federal appellate judges. Their ruling on Diddy’s sentence could set a significant legal precedent for how acquitted conduct influences prison time.

Info at your fingertips

What was Diddy convicted of?

Sean Combs was convicted on two felony counts of transportation to engage in prostitution. The jury acquitted him on the more serious charges of sex trafficking and racketeering conspiracy.

How long is his prison sentence?

He was sentenced to 50 months in federal prison. His legal team is appealing this sentence, arguing it was improperly calculated.

What is the main argument in his appeal?

The appeal argues the judge illegally based the sentence on “acquitted conduct.” This refers to the sex trafficking allegations the jury rejected at trial.

Where is Diddy currently in prison?

Combs is incarcerated at FCI Fort Dix, a low-security federal prison in New Jersey. He was transferred there in October 2025.

What other argument does the appeal make?

It also claims his convictions violate First Amendment rights. The defense frames his actions as consuming protected speech as an observer and producer.

What happens if the appeal is successful?

The court could order his immediate release. Alternatively, it could reverse the convictions or order a new sentencing hearing with strict limits.